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The judgment states that on 29 September 2019 the defendant took part in an unauthorised assembly called the “Global Anti-Authoritarian March” around Admiralty with others. The protesters, in three phases, set up roadblocks on Harcourt Road, Rodney Street and the Admiralty flyover, burned placards, formed umbrella barricades and obstructed the roads. They threw bricks and petrol bombs at Government Headquarters and police officers, damaged police vehicles and MTR exits, causing traffic paralysis in the central business district and seriously disrupting public order. After multiple warnings, the police deployed tear gas and water cannons to disperse the crowd. After about two hours, the protesters were dispersed and arrests were made.
Rioting carries a maximum sentence of ten years’ imprisonment. Sentencing must be guided by the Court of Appeal’s guidelines, with key considerations including the scale of the riot, the degree of violence, its duration, any destruction or injury, public disruption, participants’ roles, and involvement in other offences, among twelve factors in total. These must be balanced against deterrence and the public interest.
This incident involved a highly organised large-scale riot of over 500 people. The defendant was at the front line, using bricks to form umbrella barricades against the police and fostering others’ attacks, thereby playing a role in assisting and encouraging the violence. However, they were only sixteen at the time, pleaded guilty with clear remorse, and had no previous convictions. A detention centre report showed they were suitable for reform, so the need for rehabilitation must be balanced against the need for deterrence.
The judge considered that although severe punishment was necessary to deter riots, the young defendant’s opportunity for rehabilitation also required attention. Balancing the circumstances of the offence, the public interest and the defendant’s background, the judge decided to impose detention in a reformatory instead of immediate imprisonment, thereby serving both punitive and reformative aims.
The defendant was ordered to be detained in a reformatory for the offence of rioting. (Translated from Chinese to English by AI)
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判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
The judgment states that the defendants participated on 29 September 2019 in an unauthorised “Global Anti-Totalitarian March” in the vicinity of Queensway in Admiralty, Hong Kong. The protest evolved into a three-stage riot involving approximately 500 protesters who formed an umbrella formation, erected roadblocks, dismantled and burnt display boards, obstructed roads, and threw petrol bombs, bricks and other hard objects at the Government Headquarters and police vehicles. The police issued multiple warnings and deployed tear gas, water cannon and water jets to disperse the crowd, and brought the scene under control and arrested the defendants after about two hours.
The offence of rioting carries a maximum sentence of 10 years’ imprisonment. Sentencing must take into account the 12 factors set out in relevant Court of Appeal cases, including the level of planning involved, the number of participants, the degree of violence, the duration, the damage caused and the social impact, while balancing deterrence and the public interest.
This case involved a large-scale, organised and highly violent riot. All the defendants were on the front line forming an umbrella formation to assist in attack and defence, and resisted the police with weapons or other objects. The court adopted a starting point of 50 to 54 months’ imprisonment, granted a 25% reduction for guilty pleas entered before trial, and further reduced the sentence by 4 months and 3 months on a discretionary basis for the defendants’ ages and expressions of remorse, resulting in additional reductions.
The judge considered that although the defendants had shown deep reflection and willingness to take responsibility, their rioting conduct was serious and required a custodial sentence to achieve punishment and deterrence, while also allowing a reasonable reduction for the guilty pleas and mitigation to assist their early reintegration into society.
Defendants One, Two, Five and Six were sentenced to immediate imprisonment for 37.5 months; Defendants Four and Seven were sentenced to immediate imprisonment for 39 months; Defendant Eight was sentenced to immediate imprisonment for 40.5 months. (Translated from Chinese to English by AI)
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